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Min 02/18/1997 442 Wichita Falls, Texas Memorial Auditorium Building February 18, 1997 Items 1 & 2 The City Council of the City of Wichita Falls, Texas met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 8 : 30 o' clock a.m. , with the following members present : Kay Yeager - Mayor Don Johnston - Councilors Dan Shine - Angus Thompson - Bill Daniel - J. W. Martin - Harold Hawkins - James Berzina - City Manager Greg Humbach - City Attorney Lydia Torres - City Clerk Mayor Yeager called the meeting to order. Invocation was given by Rev. Keith Hill, Fain Presbyterian Church. Item 3 No one signed up for public comments . Mayor Yeager proclaimed February 22, 1997 as "National Trio Day for the Upward Bound Program in Wichita Falls" . This is a nationally funded program for high school students designed to prepare them for college and is one of the five trio opportunities offered to low income students . Mayor encouraged prospective students to explore the possibilities of entering this program. Lisa Estrada-Hamby, Upward Bound Program Coordinator, accepted the proclamation. Item 4 The minutes were approved as distributed. Items a-8g Councilor Johnston requested that Item Sc be brought down to the Regular Agenda. Councilor Hawkins requested that Item 6a be brought down to the Regular Agenda. 443 items 5a-8g cont ' d. Moved by Councilor Hawkins that the consent agenda be approved with the exception of Items 5c and 6a. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 5a RESOLUTION NO, 24-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO APPLY FOR ASSISTANCE UNDER THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT EMERGENCY SHELTER GRANT PROGRAM, AND TO EXECUTE ANY NECESSARY CONTRACTS WITH THE STATE AND NONPROFIT AGENCIES INCLUDED IN THE APPLICATION TO OPERATE THIS PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Item 5b RESOLUTION NO 25-97 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANNUAL CONTRACT WITH NORTH CENTRAL TEXAS OFFICIALS ASSOCIATION FOR ATHLETIC LEAGUE OFFICIATING SERVICES Item 5d RESOLUTION NO 27-97 RESOLUTION TO ACCEPT PROPOSAL OF EMSI, INC. FOR FLOW MONITORING SYSTEM Item 6b Bid was awarded to Stewart and Stevenson in the amount of $162, 500 for the purchase of a self-contained compost trommel screen. Item 6c RESOLUTION NO, 28-97 RESOLUTION AWARDING CONTRACT FOR PURCHASE OF SUMMER FLOWERS FOR PARKS AND MEDIANS Item 7a RESOLUTION NO 29-97 RESOLUTION TO ACCEPT THE LANDFILL LINER CELL 12 PROJECT AND AUTHORIZE FINAL PAYMENT TO BIG "D" LINING 444 Item 7b RESOLUTION NO 0- 7 RESOLUTION TO ACCEPT THE MARTIN LUTHER KING WALL REPAIR (CDBG) PROJECT AND AUTHORIZE FINAL PAYMENT TO SPECIALTY CONTRACTING SERVICES, INC. Items 8a-8a Minutes of the meetings of the following boards and commissions were received. a. Planning and Zoning Commission, December 11, 1996 b. Airport Zoning Board, January 9, 1997 c . Board of Adjustment, September 18, 1996 d. Planning and Zoning Commission, January 9, 1997 e . Planning and Zoning Commission, January 16, 1997 f. Highway Needs Committee, January 23, 1997 g. Civil Service Commission, January 29, 1997 Item 5c RESOLUTION NO 26 7 RESOLUTION TO APPROVE CONTRACT WITH ARCHITECTURAL FIRM OF DDI ARCHITECTS FOR HEALTH DEPARTMENT REROOFING PROJECT Moved by Councilor Shine that Resolution No. 26-97 be passed. Motion seconded by Councilor Hawkins . Councilor Hawkins asked if any thought had been given to putting in a metal roof . Mr. Bonnett replied that the Architects have been asked to look at alternatives and that is an option. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 6a Moved by Councilor Thompson that bid be awarded to Darr Equipment Company in the amount of $527, 542 . 00 for the purchase of a landfill compactor. Motion seconded by Councilor Johnston. Councilor Johnston asked if Staff anticipated the same type of life on this unit as the last one . Mr. Bonnett responded that they did. This machine will give us better compacting and it is very compatible with landfill use . Also, we will see a 445 Item 6a cont ' d. lower down time with this machine . He informed that $600 , 000 had been budgeted. Motion carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin and Hawkins ,,, Nays : None Ttem 9a ORDINANCE NO. 16-97 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, APPROPRIATING $24, 070 IN FUNDING RECEIVED FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE EMERGENCY MANAGEMENT ASSISTANCE PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 16-97 be passed. Motion seconded by Councilor Johnston and carried by the ° following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9b ORDINANCE NO 17-97 ORDINANCE WAIVING APPENDIX A, SUBDIVISIONS SECTION 9 (B) (2) (a) OF THE CODE OF ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF OLD LAKE ROAD AND THE SOUTHWEST SIDE OF FM HIGHWAY 2380 ADJACENT TO THE WEST AND NORTHEAST LINES OF LOT 1, CLASSIC ADDITION Moved by Councilor Martin that Ordinance No. 17-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 446 Item ORDINANCE NO 18-97 ORDINANCE COMBINING THE MAYOR' S COMMISSION ON THE STATUS OF WOMEN WITH THE COMMISSION ON HUMAN NEEDS Moved by Councilor Johnston that Ordinance No. 18-97 be passed. Motion seconded by Councilor Thompson and carried by the following vote : Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9d ORDINANCE NO 19-g7 ORDINANCE REPEALING SECTION 31-40 (A) (3) OF THE CODE OF ORDINANCES REGARDING RESIDENCY REQUIREMENTS FOR CHAUFFEUR' S PERMITS Moved by Councilor Martin that Ordinance No. 19-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 9e ORDINANCE No. 2 L_9 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; AMENDING SECTION 22-4 (b) (1) OF THE CODE OF ORDINANCES TO REGULATE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE WEEKS PARK MUNICIPAL GOLF COURSE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW Moved by Councilor Martin that Ordinance No. 20-97 be passed. Motion seconded by Councilor Hawkins and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 447 Item l0a RESOLUTION N0. 31-97 RESOLUTION TO APPROVE FOURTH AMENDMENT TO WATER PURCHASE CONTRACT BETWEEN THE CITY OF WICHITA FALLS AND THE WICHITA VALLEY WATER SUPPLY CORPORATION Moved by Councilor Thompson that Resolution No. 31-97 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lob RESOLUTION No. 32-97 RESOLUTION TO APPROVE ENGINEERING CONTRACT WITH CORLETT, PROBST & BOYD, INC. FOR AN ENGINEERING STUDY ON THE LAKE ARROWHEAD RAW WATER TRANSMISSION LINE Moved by Councilor Johnston that Resolution No. 32-97 be passed. Motion seconded by Councilor Shine and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item 10c RESOLUTION NO 33-97 RESOLUTION IN SUPPORT OF THE COMMUNITY ENRICHMENT ACT, SENATE BILL 76 Moved by Councilor Hawkins that Resolution No. 33-97 be passed. Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None 448 I m nd RESOLUTION NO 4 7 RESOLUTION APPROVING PARTICIPATION IN THE TEXAS DEPARTMENT OF TRANS PORTATION' S (TXDOT) CITY PRIDE SIGN PROGRAM Moved by Councilor Johnston that Resolution No. 34-97 be passed. Motion seconded by Councilor Hawkins . Arnold Oliver, 2407 Lou Lane, Clean Community Commission Chair, explained that this will essentially allow a City billboard within the existing right-of-way of a highway facility, non-controlled access facility on which the city may post certain things of which they are proud, but cannot be commercial advertising. The current situation with the City of Wichita Falls is that there are three existing signs on the right-of-way which are the sister city sign, superior water supply sign, and itinerant merchant sign. Mr. Oliver provided information on the number, type, and size of the signs . The Clean Community Commission recommends this . Motion carried by the following vote. Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, Martin, and Hawkins Nays : None Item lla Discussion was held on the composition and duties of 4A and 4B sales tax board. Mayor asked Council for their ideas and suggestions for guidelines for the 4A and 4B Corporations . City Attorney explained that five members are required under the 4A Corporation and they do not have to be City residents, although he recommends that they be so. There is no restriction on whether or not they can be city employees, staff or council members, and there is no age requirement, however, they should be at least 18 years old. The 4B Corporation, which is basically the infrastructure development corporation, requires seven members . Not more than four of the seven members may be either a City employee or City Council member. Members have to be City residents, and they serve at the pleasure and will of the City Council . Terms of office will be addressed in the respective by-laws of the corporation and the Legal Department is in the process of developing those by-laws . Mayor clarified that the number of board members are specified by law and cannot be increased or decreased. City Attorney concurred. Councilor Hawkins commented that if Council decides to appoint the City Manager as an ex-officio member he would have 449 Item lla cont ',d. that authority without being a "director" and having the voting rights . City Attorney agreed and said that was typical . Mayor informed that the articles of incorporation can not be filed until board appointments to the corporations were made . The steps to the incorporation will be identical for both corporations . City Attorney agreed and stated that the only difference would be the number of directors and their functions . City Manager explained that the board, once appointed, brings to the Council recommendations for approval on operating expenditures and submits an annual budget . Mayor commented that there is a lot of control by the Council through the statute . John Gavin, Citizens for More Jobs Committee, presented concerns and results of that committee through the election. He mentioned that the citizens who passed these measures voiced the mission of 4A and they want to receive what they were promised - more jobs . Economic development should benefit all areas of the City, specifically with the creation of jobs . The board should be the coordinator to fund projects for jobs, training and education in industrial development and should be charged with creating more and better jobs for 21st century. They should work to retain jobs in the quality of life we experience here and work toward the long range development of industrial sites . The board should not become a bureaucracy in itself but utilize existing talents in this community which can feed it potential funding. The Committee suggested that the board makeup for 4A should " include members who understand large business and are comfortable and capable of understanding and dealing with large capital budgets . They should have some understanding of the national and international economy and should have knowledge of finance, technology and training. Board members should have experience in industrial development, and have a real commitment to work and be severed from the political process . 4B board members should work toward the betterment of our quality of life which should benefit all areas of our city including specific projects which should be part of a long range plan which prepares our City for the next century. Board makeup should include individuals who understand budgets and planning processes and some knowledge of how projects are funded and are committed to work. Mayor suggested that Council come to a consensus on criteria suggestions and proceed at a later date to make the board appointments . Councilor Martin suggested following Mr. Gavin' s guidelines . :- City Attorney clarified that the same members could be appointed to both boards . Councilor Thompson recommended that the board provide for more inclusiveness and not exclude persons because of a lack of opportunity. He pointed out that the qualifications we just looked at and read would exclude women and minorities; it would include all male, probably all rich and all white . That does not preclude them from working for the benefit of all, however, he wanted to point out that this would limit appointments to 450 Item lea on ' d. some degree . We know the way it is laid out who is going to be on that board. That is one of the reasons why District 2 did not vote for the measures because there is a suspicion that they would get very little and wouldn' t be a part of it . Councilor Johnston did not feel this would exclude anybody. The more diversity we have on the board the better it would be. Councilor Thompson agreed that it should be a diversified board and hopes it will be that way, however, what he pointed out is a factor. Councilor Shine explained that the quality of the people is the most important for each board and it leads to a different conclusion, the first board has industrial development and the second board has infrastructure and city alignment . There is a place for everybody on the boards but our criteria has to be strong in nature so that we get the best we can in the position. Councilor Hawkins stated that during the time these measures were being considered, District 5 citizens were concerned that these boards would be made up of Country Club people and the others would not have input . He did not feel that would be true especially the 4B board because it could be made up of persons from all walks of life . I am hopeful that we can solve the problem that we need to have everyone represented. Councilor Daniel questioned how to involve everyone in the community and give them adequate representation and at the same time allow them to feel they are adequately represented. We should focus on the goal of providing more jobs and provide a better quality of life in Wichita Falls . We need to find the best persons who will do the best job on these boards and at the same time all areas of the City must be represented and all must benefit from the results . Councilor Thompson agreed that the criteria should be that everyone benefits . Councilor Daniel felt that the boards will make decisions that will bring about results that achieve the goal . Councilor Shine encouraged the citizens to come forward and serve on these boards when they are asked. Mayor said that the initial boards will have a huge responsibility to get these boards up and running by establishing the guidelines and foundations that will carry forward. Councilor Johnston agreed and felt that Council will have a hard selection and will have to make some hard decisions . Mayor explained that, simplistically, 4B is the quality of life issue that we are looking at, but it also carries the same economic development powers that 4A does . There will probably be times that the resources of 4B are going to be needed in the industrial development side where they can at that time join with the 4A financial resources . We need to keep that in mind as we consider the 4B board. Councilor Martin felt that Councilor Thompson had brought up a valid concern. However, I feel that there are qualified successful small business people that can serve on this board and reach all segments of our community. We also have a lot of successful business women who can serve . We must be very careful in selecting who serves on these boards . He did not feel that the Council should serve on either of these boards . 451 Item lla cont ' d. Councilor Hawkins felt that if the City Manager is appointed to serve as ex-officio on both boards, there would not be a need to have anyone else to carry the information between the two boards because the City Manager could do that . He suggested that the director' s term limit be set at less than six years maybe three years with a renewal of three years . Mayor pointed out that City Attorney is working on the by-laws and that will be addressed at that time . She mentioned that these boards need to function as independently of the City Council as possible and as independently of the political process as possible and be representative of the community. Councilor Daniel commented that they should be independent, but hopefully there is a coordination of vision. Both the Council understanding the direction the board would take and the Council being in sync with them in our policies and activities and vise versa. He suggested having a Council liaison for information purposes . Mayor asked that Council take the suggestions provided to them and for them to give their input on what was discussed today such as board structure and whether the staff should serve on the boards, along with any other ideas . Mayor asked that these ideas and suggestions be provided to her by the end of next week. City Attorney pointed out that by law the Council has to approve every expenditure of both boards . Item llb Councilor Martin informed that the golf course committee is working very diligently and they are making progress . You should see improvements by the spring. Councilor Daniel informed that the bids for the remodeling of the activity center will be Thursday at 3 : 00 p.m. A large number of specifications were picked up and construction is expected to begin March 10 . Mayor mentioned the volunteers who teach in the Parks and Recreation programs and expressed appreciation on behalf of the Council for their work. Mayor congratulated Antioch Baptist Church for the installation of Mark Booker as the tenth pastor of that church and expressed appreciation to that congregation for including the City Council in their celebration. Council recessed at 9 :49 a.m. and reconvened at 10 : 00 a.m. Item 11c (1) Mr. George Bonnett briefed the Council on the Red River Chloride Project . 452 Item llc (2) Chief Ronnie James and Al Garcia, EMS Coordinator for the Fire Department briefed the Council on First Responder. Item lld The City Council went into Executive Session at 10 :47 a.m. as authorized by Section 551 . 074 of the Government Code, and reconvened at 12 : 00 p.m. Councilor Hawkins was not in attendance. Item lle Moved by Councilor Thompson that the following persons be appointed to serve on the Commission on Human Needs : Juanita Keck Term expires 12/31/97 Patricia LeBus Term expires 12/31/98 Madalyne Allen Term expires 12/31/98 . Motion seconded by Councilor Johnston and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None Item llf City Manager nominated, for Council confirmation, Jack Schlieper from Mason City, Iowa as Police Chief for the City of Wichita Falls . Moved by Councilor Thompson to approve the City Manager' s nomination. Motion seconded by Mayor Yeager and carried by the following vote . Ayes : Mayor Yeager, Councilors Johnston, Shine, Thompson, Daniel, and Martin Nays : None The City Council adjourned at 12 : 04 p.m. PASSED AND APPROVED this day of 1997 . 453 KATH YN A. YE GER , MAYOR ATTEST: -hO wow Lydia Torres City Clerk